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http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/1999/12/28/state1734ES
T0071.DTL&type=printable
FWD San Francisco Chronicle - Tuesday, December 28, 1999 14:34 PST
HOMELESS MAN CITED FOR CAMPING AT FORMER ALBANY LANDFILL CLEARED OF WRONGDOING
ALBANY, Calif. (AP) -- A homeless man cited for camping on the former
Albany landfill in violation of a city ordinance has been found innocent
after arguing that he had no alternative.
Mike Smith was acquitted of the misdemeanor charge Dec. 14 after jurors
considered what is called the ``defense of necessity.''
The basis of the defense is that lawbreaking can be deemed legal under
special circumstances, if failing to do it would pose a ``significant
evil'' and a greater danger to the accused than violating the law.
``My client had no reasonable, legal alternative than to sleep in the
landfill,'' said David Richie, Smith's attorney. Richie said Smith tried to
enter several homeless shelters, including a trailer the city set up on a
temporary basis. That facility and several others were full.
Last summer, the Albany City Council passed the ordinance in a bid to clear
scores of homeless campers from the landfill, which city, state and East
Bay Regional Park District officials are readying for parkland.
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